The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008

These Regulations may be cited as the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 and shall come into force on 3rd November 2008.

These Regulations apply to England only.

An LSSA may only approve a person to act as an AMHP if it is satisfied that the person has appropriate competence in dealing with persons who are suffering from mental disorder.

In determining whether it is satisfied a person has appropriate competence, the LSSA must take into account the following factors—

Before an LSSA may approve a person to act as an AMHP who has not been approved, or been treated as approved, before in England and Wales, the person must have completed within the last five years a course approved by the General Social Care Council or the Care Council for Wales.

in each year that the AMHP is approved, the AMHP shall complete at least 18 hours of training agreed with the approving LSSA as being relevant to their role as an AMHP;

the AMHP shall undertake to notify the approving LSSA in writing as soon as reasonably practicable if they agree to act as an AMHP on behalf of another LSSA, and when such agreement ends;

the AMHP shall undertake to cease to act as an AMHP and to notify the approving LSSA immediately if they are suspended from any of the registers or listings referred to in the professional competencies, or if any such suspension ends, and

the AMHP shall undertake to cease to act as an AMHP and to notify the approving LSSA immediately if they no longer meet at least one of the professional requirements.

If at any time after being approved, the registration or listing required by the professional requirements of a person approved to act as an AMHP is suspended, the approving LSSA shall suspend that AMHP’s approval for as long as the AMHP’s registration or listing is suspended.

Where an AMHP’s approval is suspended, that person may not act as an AMHP unless and until the suspension of approval is ended by the approving LSSA in accordance with subsection (3).

Where the approving LSSA is notified that the suspension of the AMHP’s registration or listing has ended, the approving LSSA shall, unless it is not satisfied the AMHP has appropriate competence in dealing with persons suffering from mental disorder, end the suspension of approval.

Where the suspension of approval has ended, the approval shall continue to run for any unexpired period of approval, unless the approving LSSA ends it earlier in accordance with regulation 7.

Except where paragraph (2) applies, a person shall cease to be approved to act as an AMHP at the end of the day on which their period of approval expires.

Except where regulation 6 applies, the approving LSSA shall end the approval of a person it has approved to act as an AMHP before their period of approval expires—

When an approval ends, the approving LSSA shall notify the AMHP immediately that the approval has ended and give reasons for ending the approval.

When an approval ends, the approving LSSA shall notify that fact to any other LSSA for whom it knows the AMHP has agreed to act as an AMHP.

If an LSSA approves a person as an AMHP knowing that that AMHP is already approved by another LSSA, it shall notify the previous approving LSSA.

The approving LSSA shall keep a record of each AMHP it approves which shall include—

The record referred to in paragraph (1) shall be retained by the approving LSSA for a period of five years commencing with the day on which the AMHP’s approval ended.

the ability to identify, challenge and, where possible, redress discrimination and inequality in all its forms in relation to AMHP practice;

an understanding of and respect for individuals’ qualities, abilities and diverse backgrounds, and is able to identify and counter any decision which may be based on unlawful discrimination;

the ability to promote the rights, dignity and self determination of patients consistent with their own needs and wishes, to enable them to contribute to the decisions made affecting their quality of life and liberty, and

a sensitivity to individuals’ needs for personal respect, confidentiality, choice, dignity and privacy while exercising the AMHP role.

Whether the applicant has—

In paragraph (1), “relevant” means relevant to the decisions that an AMHP is likely to take when acting as an AMHP.

a range of models of mental disorder, including the contribution of social, physical and development factors;

the social perspective on mental disorder and mental health needs, in working with patients, their relatives, carers and other professionals;

the implications of mental disorder for patients, their relatives and carers, and

the implications of a range of treatments and interventions for patients, their relatives and carers.

articulate, and demonstrate in practice, the social perspective on mental disorder and mental health needs;

communicate appropriately with and establish effective relationships with patients, relatives, and carers in undertaking the AMHP role;

articulate the role of the AMHP in the course of contributing to effective inter-agency and inter-professional working;

use networks and community groups to influence collaborative working with a range of individuals, agencies and advocates;

consider the feasibility of and contribute effectively to planning and implementing options for care such as alternatives to compulsory admission, discharge and aftercare;

recognise, assess and manage risk effectively in the context of the AMHP role;

effectively manage difficult situations of anxiety, risk and conflict, and an understanding of how this affects the AMHP and other people concerned with the patient’s care;

discharge the AMHP role in such a way as to empower the patient as much as practicable;

plan, negotiate and manage compulsory admission to hospital or arrangements for supervised community treatment;

manage and co-ordinate effectively the relevant legal and practical processes including the involvement of other professionals as well as patients, relatives and carers, and

balance and manage the competing requirements of confidentiality and effective information sharing to the benefit of the patient and other persons concerned with the patient’s care.

assert a social perspective and to make properly informed independent decisions;

obtain, analyse and share appropriate information having due regard to confidentiality in order to manage the decision-making process including decisions about supervised community treatment;

compile and complete statutory documentation, including an application for admission;

provide reasoned and clear verbal and written reports to promote effective, accountable and independent AMHP decision making;

present a case at a legal hearing;

exercise the appropriate use of independence, authority and autonomy and use it to inform their future practice as an AMHP, together with consultation and supervision;

evaluate the outcomes of interventions with patients, carers and others, including the identification of where a need has not been met;

make and communicate decisions that are sensitive to the needs of the individual patient, and

keep appropriate records with an awareness of legal requirements with respect to record keeping and the use and transfer of information.